WPMS/1956/2021
2021 Latest Caselaw 3818 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPMS No. 1956 of 2021
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Arvind Kumar Sharma, Advocate for the petitioners.

Ms. Anjali Bhargava, Advocate for respondent.

Heard learned counsel for the parties.

Proceedings were initiated against the petitioners under Section 122-B of U.P.Z.A. & L.R. Act for their eviction from Gram Sabha's land. Petitioners claimed benefit of Section 122B (4-F) of the said Act by contending that they are landless labourers belonging to Schedule Caste.

The benefit claimed by the petitioners was denied on the ground that they could not produce any evidence that they are in cultivatory possession over the said land, before the cut-off date fixed in the Statute.

Petitioners filed revision against order passed by Assistant Collector, Ist Class, Roorkee, which was dismissed by Collector, Haridwar. Petitioners sought recall of the order passed by Collector, which has been dismissed vide order dated 24.08.2021. Thus, feeling aggrieved, petitioners have approached this Court.

Learned counsel for the petitioners has placed reliance upon a judgment rendered by Hon'ble Supreme Court in the case of Manorey @ Manohar Vs. Board of Revenue, reported in 2003 (94) RD 538.

Learned counsel for respondent prays for and is granted four weeks' time for filing counter affidavit. Two weeks' time thereafter is granted to the petitioners for filing rejoinder affidavit.

List this matter after six weeks. Till the next date of listing, status quo qua the possession over the land in question shall be maintained.

Stay Application (I.A. No. 01 of 2021) stands disposed of.

(Manoj Kumar Tiwari, J.) 22.09.2021 Navin